"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Infrabuild Wire Pty Limited T/A InfraBuild Wire

[2024] FWC 2496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v

Infrabuild Wire Pty Limited T/A InfraBuild Wire

(B2024/1202)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 13 SEPTEMBER 2024

Proposed protected action ballot of employees of Infrabuild Wire Pty Limited T/A InfraBuild Wire

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Infrabuild Wire Pty Limited T/A InfraBuild Wire (Infrabuild or Employer).

I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

On 13 September 2024, the Commission was advised that the Employer, in effect, did not object to the Application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Chloe Simmons, Industrial Officer, setting out the steps taken by the AMWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Infrabuild, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Australian Electoral Commission.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 28 October 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR779213.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2024/1103.

[2] This is, in effect, 30 working days from the making of the Order and was the specific period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Infrabuild Wire Pty Limited T/A InfraBuild Wire. The AMWU sought to conduct a ballot to allow its members to vote on a proposed agreement, while the employer, Infrabuild Wire, did not object to the application. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has also filed a separate application for a ballot order regarding the same proposed agreement.

The court needed to determine whether the AMWU met the requirements of section 443(1) of the Fair Work Act 2009, including the notification time for the proposed agreement and whether the AMWU genuinely tried to reach an agreement with Infrabuild. The court also had to establish the date by which voting should close for the ballot. Based on the declaration of Chloe Simmons, the Industrial Officer, and the evidence provided, the court was satisfied that the AMWU met all the requirements.

The court issued an order for the ballot to be conducted by the Australian Electoral Commission, with the voting period closing on 28 October 2024. The court also determined that the matter would be assigned to another Member of the Commission to conduct the compulsory conciliation conference along with the related matter. The court issued separate orders and noted that it was likely to issue further directions to ensure that the parties attended the conference ready to conduct meaningful negotiations.

This decision highlights the court's role in facilitating the process of reaching an agreement between employers and employees through the use of protected action ballot orders. The court's decision to determine the matter on the papers without holding a hearing demonstrates the efficiency of the process when there is no objection from the employer. The court's decision also emphasizes the importance of ensuring that all parties involved in the agreement are ready to conduct meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established